annual report 2014 - access facilityaccessfacility.org/sites/default/files/access facility -...

ACCESS Facility ~ Sophialaan 10 ~ 2514 JR The Hague ~ the Netherlands

T: +31 (0) 70 302 81 47 ~ E: [email protected] ~ www.accessfacility.org

ACCESS Facility

The global platform that supports

rights-compatible, interest-based

problem solving to prevent and resolve

conflicts between companies and

communities

www.accessfacility.org

Annual Report 2014

Contact person: Serge Bronkhorst, Managing Director

[email protected]

mailto:[email protected]

http://www.accessfacility.org/

2 | ACCESS Facility – Annual Report 2014



Management Summary

his second Annual Report covers the year 2014, which has been an exciting and productive year for ACCESS Facility, the global platform that supports effective problem solving between companies, communities and governments. Building on the initial support offered by The Hague Institute in the summer of 2012, the project funding of the Norwegian government for

the period of 2013-2014 and the start-up funding of the Dutch Government for the period July 2013 to December 2014, this second year of operation marked some considerable results in implementing its mission to be a catalyst for better ways of working together among companies, communities and governments, and an advocate for improved practice based on the best available evidence and insight.

Implementation of programmatic and project-based activities With a view to the implementation of its mission, the activities of ACCESS Facility are directed to addressing the following challenges and gaps: o the lack of credible grievance mechanisms delivering rights-compatible interest-based solutions; o the lack of information available for businesses, communities and civil society organizations to

make informed choices on grievance-handling options; o there is a need to demystify non judicial dispute resolution processes; o the challenges in identifying effective “third-party neutrals” (facilitators or mediators); o concerns that the parties to disputes often lack the capacity to participate effectively in

mediation processes.

The ACCESS website which was launched in September 2013 rapidly became a successful platform for sharing perspectives and experiences on company-community problem solving. From October 2013 till December 2014 it welcomed over 22.000 unique visitors from 173 different countries. In that period, significant progress was made in expanding its online resources. The ACCESS Case Story Library presented three new and unique multi-perspective case stories on company-community mediation and another eight have been identified and are currently in preparation. Three of them will be developed in collaboration with the Capstone Programme of Columbia University's School of International and Public Affairs, an exciting cooperation that will revisit officially “solved” or “closed” mediation cases to test whether these cases provided effective remedy for the victims of corporate human rights abuses. The database of grievance mechanisms expanded considerably and now includes 137 descriptions of non-judicial grievance mechanisms from 71 countries, providing key information on their scope, function, accessibility, and processes. In addition, and in cooperation with the global Community of Practice of Dialogue Facilitators, for which ACCESS provides its administrative home, new profiles have been added to the searchable Directory of Dialogue Facilitators which now includes over 20 professional dialogue facilitators for all over the world.

In order to expand the pool of professional company-community mediators, ACCESS collaborated with the Africa Centre for Dispute Settlement, in the development of an advanced curriculum for training of company-community mediators all over the globe, which was funded by the Norwegian Ministry of Foreign Affairs. This is the first advanced curriculum globally specifically targeted towards the mediation of interest-based, rights-compatible solutions to company-community conflict in complex environments. The model curriculum is now ready to be piloted, which is scheduled for July 2015, in Cape Town and supported by a grant from Norway.

T






Another important milestone for ACCESS was its expert meeting on “Sharing experiences and finding practical solutions regarding the implementation of the UNGP’s effectiveness criteria in grievance mechanisms”. The meeting took place on 2 and 3 April 2014, at the premises of The Hague Institute for Global Justice, and was co-organized with the UN Working Group on Business and Human Rights, in cooperation with the OECD Working Party on Responsible Business Conduct. It was co-funded by the Dutch Ministry of Foreign Affairs, the Swiss Federal Department of Foreign Affairs, and co-sponsored by the Danish National Contact Point and the Dutch National Ombudsman. The discussions were facilitated by professional facilitators and focussed on the question to what extent non-judicial mechanisms are effective in providing justice and remedy, and how do we know? One important outcome was that further guidance is needed for monitoring and evaluation of the effectiveness of non-judicial grievance mechanisms. ACCESS will seek to secure funding for the development of such guidance.

In the second half of 2014, ACCESS collaborated with the Consensus Building institute and The Hague Institute for Global Justice, in developing a regional multi-stakeholder training on preventing and resolving company-community conflicts. The first training will take place in the province of Neuquén, Argentina, a region that is experiencing a rush to develop unconventional oil and gas resources in the massive Vaca Muerta deposit. This development has created - and will continue to create - tensions and conflicts with a range of actors, including local communities, environmental advocates and labor groups. Addressing current and future tensions will require stronger capacities among all stakeholder groups to work together through difficult issues, as well as experience in productive interaction among different groups. One creative approach to building the region’s capacity to address conflict is a four day workshop that combines joint training for a range of key stakeholders with facilitated dialogue about the realities the various stakeholders face in the Vaca Muerta and how dialogue tools and skills might be applied constructively. After evaluation of this first regional multi-stakeholder training, ACCESS aims to develop and organize similar trainings involving the same or different industries, in other parts of the world where business activities may have negative impacts on society. With these regional training workshops, ACCESS Facility aims to provide a safe space for a broad range of stakeholders to learn, explore, share ideas, forge relationships, and find solutions that work for them.

Although considerable progress has been made, and significant results have been delivered, some planned activities have not been realized in 2014. This was due to the fact that the development of certain activities required more time than expected and although some of them are in progress, the results are expected in 2015. In addition, some funding applications were rejected or their submission postponed because of country-specific timelines.

Governance In order for ACCESS to be a catalyst for better ways of working together among companies, communities and governments and with a view to its ambitions to act as a credible convening power that provides a safe space for facilitating meaningful conversations among various stakeholder groups, the interests of these stakeholders need to be reflected in the governance structure. Therefore, the Governing Board is committed to ensure that it will include the necessary diversity in stakeholder representation, geographical locations, and gender. ACCESS will expand its Governing Board to include individuals from international financial institutions, civil society as well trade unions. In addition, ACCESS will establish an advisory group that includes individuals from different constituencies and fields of expertise who support the mission and work of ACCESS and serve as a sounding board for its Secretariat.






Finance With a view to its business model, it should be noted that ACCESS is not a service provider or consultancy. It is an independent institution aiming to serve the public interest, as well as the needs and concerns of a variety of stakeholders, including governments. In order to maintain its credibility towards all stakeholder groups, ACCESS relies on financial support for its work from independent or ‘neutral’ sources; mainly from governments and charities. In 2014, several conversations have taken place in capitals of a number of European countries that strongly support sustainable business conduct as well as the implementation of the UN Guiding Principles. These conversations resulted in immediate funding applications as well as opportunities for future support or further cooperation. Over the coming years, ACCESS aims to expand the group of governments that supports and collaborates with the work of ACCESS. The group of collaborating States would preferably include different regions and continents especially States from the Global South on which territory businesses are operating in complex environments – facing difficulties and challenges to prevent or resolve adverse impacts on local communities.

In combination with income generated from the above mentioned multi-stakeholder trainings, ACCESS made substantial progress in establishing a sustainable business model.

Risks and outlook The main risks or challenges are related to financial sustainability and internal capacity. Recent conversations with a number of governments revealed that there is sufficient understanding, interest and support for the work of ACCESS Facility to further develop our programmatic and project-related activities. This is supported by growing number of invitations from States and other stakeholders to speak and participate at high-level conferences and events.

For 2015 significant funding has already been secured and the ongoing conversations with additional potential donors provide sufficient reason to be optimistic. However, the work programme for the coming year aims to strengthen the business case for the broader uptake of dialogue-based processes for effective company-community problem solving. And although the work program and its activities are demand driven, the current market for company-community mediation is at an early stage of development and includes frontrunners and early adopters as well as sceptics and critics. In our attempts to find support for our activities, we may be confronted with stakeholders and potential donors who are not yet convinced of the added value of our work.

To be able to meet our ambitions in adding real value to stakeholders as the global platform and resource that promotes and strengthens mediation as a more viable option when business, communities and governments are engaged in disputes, internal capacity needs to be strengthened. The budget for 2015 includes an expansion of the secretariat with a senior programme manager who will help to implement the core programmatic activities, the envisioned projects such as the development of guidance on monitoring and evaluation of grievance mechanisms, organise the next generation of multi-stakeholder trainings and identify and develop new projects.

Other key activities that are planned for 2015 are the pilot training of company-community mediators in Cape Town, the regional multi-stakeholder training on preventing and resolving conflict between companies, communities and governments in Vaca Muerta, Argentina, development of eight new multi-perspective case stories and a series of Reflections from Practice on specific themes related to company-community mediation told uniquely from a mediator’s perspective.

Looking back, I am proud to conclude that ACCESS' credibility and visibility among its stakeholders has been improved considerably, the activities in support of effective mediation to prevent and






resolve company community conflicts have gained more and more recognition and support among an increasing number of stakeholders, the internal organization has been strengthened, and significant progress has been made in establishing a sustainable business model.

Looking forward, I am only convinced that ACCESS Facility will find support to increase its impact and effectiveness in helping communities, companies, and governments finding sustainable ways to prevent and resolve their differences and disputes and to strengthen the business case for the uptake of mediation processes for effective company-community problem solving in the field of business and human rights.

Sincerely,

Serge Bronkhorst Managing Director ACCESS Facility





ACCESS Facility

About ACCESS Facility

The foundation Corporate Social Responsibility Conflict Management Center (hereafter: ACCESS Facility) was established on 31 October 2012. ACCESS Facility maintains office at Sophialaan 10, The Hague, since then.

Statutory goals The Foundation's object shall be to enable, support and contribute to locally driven processes of conflict management in company-community relations and to be the global platform in this respect, and to do everything which is related to or may be conductive to the foregoing. The Foundation serves the public interest. The Foundation does not aim to make a profit. The Foundation attempts to achieve its objects, among other things, by sharing knowledge, supporting the parties involved in solving their conflicts and in the related possibilities, for instance by offering training, tools and other services regarding to or related to the Foundation's objects, and organizing conferences, by actively promoting the management of conflicts as described in this paragraph and furthermore by doing any and all things that are related or may be conductive to the above in the broadest sense.

Governance and management The Board of the Foundation consists of a General Board and an Executive Board. The General Board and the Executive Board each individually form separate bodies of the Foundation. The General Board of ACCESS Facility consists of four or more natural persons. The members of the General Board as at 31 December 2014 were:

Caroline Rees

Jan Eijsbouts

Martijn Scheltema

Pieter van den Berg

Abiodun Williams

Gerald Pachoud

Pablo Lumerman

Dennis Flemming

The General Board receives no remuneration.






Articles The Foundation’s articles provide that the Board must prepare a balance sheet and an income statement within six months after the end of the financial year. The documents shall be adopted by the Board at a meeting to be held within seven months after the expiry of the financial year and in witness thereof shall be signed by all board members. The Board may instruct a certified public accountant, or another expert within the meaning of Section 393 (part 9) of Book 2 of the Dutch Civil Code, to audit the balance sheet and the income statement. The accountant submits an audit report to the Board and represents the outcome of his audit as an auditor’s opinion.

Taxes Value Added Tax (VAT) The core activities of the Foundation are not subject to Value Added Tax.

Corporate Income Tax (CIT) The results of the Foundation are not subject to Corporate Income Tax.

Administrative Matters The General Board has appointed Jac's den Boer & Vink bv, management consultancy for non-profit organizations, to prepare the annual accounts. The annual accounts comprise the balance sheet, the income statement, the notes to the balance sheet and the notes to the income statement.





Balance as at 31 December 2014

ASSETS

31-12-2014

€ 31-12-2013

€

Receivables 21.063 0

Liquid assets 402.501 327.121

Total Assets: 423.564 327.121

LIABILITIES

31-12-2014

€ 31-12-2013

€

General reserve 102.610 49.319

Debts 320.954 277.802

Total Liabilities: 423.564 327.121






Statement of income and costs

Realization 2014

€

Budget 2014

€

Realization 2013*

€

Income (A) 443.879 854.000 321.112

Costs

Staff costs 188.050 202.966 148.669

General Costs 83.150 95.000 33.143

Direct project costs 119.388 532.000 89.981

Total Costs (B) 390.588 829.966 271.793

Net result (A-B) 53. 291 24.034 49.319

Net result to be added to: - General reserve

53.291

24.034

49.319

* Realization 2013 covers the period 1 October 2012 up to 31 December 2013.






Cash flow statement

CASH FLOW FROM OPERATIONAL ACTIVITIES

2014

€

Result 53.291

Depreciation fixed assets 0

Gross cash flow from operation activities 53.291

Changes in working capital - Change in receivables - Change in short-term debt

- 21.063 43.152

Total changes in working capital 22.089

CASH FLOW FROM INVESTING ACTIVITIES

2014

€

Movement in fixed assets 0

Changes in liquid assets 75.380

Liquid assets at year end 402.501

Liquid assets at beginning of year 327.121

Changes in liquid assets 75.380





ACCESS Facility

Sophialaan 10, 2514 JR, The Hague, the Netherlands

t: +31 (0)70 30 28 147 e: [email protected]

www.accessfacility.org




annual report 2014 - access facilityaccessfacility.org/sites/default/files/access facility -...

Documents